A new report from the Wisconsin Institute for Law & Liberty (WILL) highlights a significant vulnerability in the state’s election laws that could undermine election integrity. The loophole revolves around the “Indefinitely Confined” voter status, which allows individuals to vote absentee without ever having to provide identification. The report reveals that more than 140,000 Wisconsin voters are registered under this exemption and could vote in the 2024 election without proving their identity.
The “Indefinitely Confined” status was originally designed to accommodate voters who are elderly, sick, or physically unable to visit polling stations. However, the number of voters registered under this status has surged dramatically in recent years. In 2016, approximately 66,000 voters were classified as indefinitely confined. By 2020, amid the COVID-19 pandemic, that number skyrocketed to 265,979, largely due to Democratic-leaning counties encouraging voters to take advantage of the loophole as a way to bypass the state’s voter ID requirements.
Wisconsin’s voter ID laws generally mandate that voters provide identification to vote, except for those who claim indefinitely confined status. Critics argue this undermines the voter ID law’s purpose of preventing fraud and ensuring secure elections. The Wisconsin Supreme Court unanimously rebuked the practice of advising voters to exploit the loophole during the 2020 election. Nonetheless, the number of indefinitely confined voters has remained high, with 144,347 currently registered under the exemption.
Breitbart News explains that the loophole was thrust into the spotlight after Joe Biden narrowly won Wisconsin by just over 20,000 votes in 2020, a swing of around 48,000 votes compared to Donald Trump’s 2016 victory in the state.
WILL’s research director, Will Flanders, expressed concern over the loophole’s impact on voter confidence. “Confidence in our elections continues to be dangerously low in Wisconsin and across the country,” he stated. “Voter ID is a popular and well-executed way to keep our elections secure and free of fraud. While the Governor refused to fix this loophole in the years since 2020, efforts must be made by local election clerks to resolve it as much as possible.”
The current laws do require that election officials periodically review the status of voters registered as indefinitely confined. Specifically, if a voter fails to return an absentee ballot after receiving one, they are to be removed from the absentee ballot list unless they renew their application within 30 days. Additionally, voters can request to be removed from the list or be removed if there is reliable information indicating they are no longer eligible.
However, the report alleges that many local clerks are not adhering to these laws, leaving the number of indefinitely confined voters at levels that pose concerns for election integrity.
WILL’s policy director, Kyle Koenen, acknowledged the original intent of the indefinitely confined status but emphasized the need for reform. “Although designed with good intentions, as our report shows, the system has a few key flaws that should be resolved,” Koenen stated.
